BRADLEY v. PRYOR

No. 01-16442.

305 F.3d 1287 (2002)

Danny Joe BRADLEY, Petitioner-Appellant, v. Bill PRYOR, Attorney General for the State of Alabama, in his official capacity, J C Upshaw Downs, MD, Director and Chief Medical Examiner, Alabama Department of Forensic Sciences-Headquarters, Auburn, AL, in his official capacity, Joe Hubbard, District Attorney for Calhoun County, District Attorney Office, for Calhoun County, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 23, 2002.


Attorney(s) appearing for the Case

Theodore A. Howard, Wiley Rein & Fielding, LLP, Washington, DC, for Petitioner-Appellant.

James Roy Houts, Montgomery, AL, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and BIRCH and BARKETT, Circuit Judges.


BARKETT, Circuit Judge:

Danny Joe Bradley, an Alabama prisoner under sentence of death, appeals the district court's dismissal of his suit to compel the government to produce evidence for DNA testing. The court held that Bradley's suit, which was filed pursuant to 42 U.S.C. § 1983, was the "functional equivalent" of a petition for habeas corpus, and should therefore be dismissed as a second or successive habeas petition filed without the requisite authorization...

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